ERISA Retirement Plan Fiduciary Litigation

TRA [The Retirement Advantage]

Participant class action lawsuits targeting sponsor fiduciaries, most often in ERISA-covered defined contribution plans, have been a challenge for plan sponsors for more than two decades. It is not an exaggeration to say that what sponsors/sponsor fiduciaries do in key areas – most critically, in hiring/monitoring recordkeepers and trustees and selecting/monitoring funds for inclusion in the plan’s fund menu – may, in many cases, be affected by concerns about litigation risk.  
This course addresses fiduciary prudence and loyalty challenges with respect to recurring issues, including fees, fund selection/performance, and company stock, as well as emerging issues with respect to investment in alternatives and crypto and cybersecurity challenges. Our focus is on what fiduciary conduct leads to litigation, what plan fiduciaries should and should not do, and what areas of fiduciary decision-making are most problematic/most likely litigation targets. 

Learning Objectives:

• What areas of retirement plan management have been litigation targets
• Emerging areas of litigation
• What the courts say – what sort of fact situations are likely to produce a “bad result”
• What are “best practices” for avoiding litigation

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